Chiron Patent Rights definition

Chiron Patent Rights means (a) the Chiron HCV Patent Rights and the Chiron HIV Patent Rights and such other Chiron patent rights which claim markers or their uses as may become subject to this Agreement pursuant to the terms hereof with respect to Future Blood Screening Assays and Future Clinical Diagnostic Assays sold by Chiron or pursuant to Article 9; (b) all patents that have issued or in the future issue therefrom, including without limitation utility, model and design patents and certificates of invention; and (c) all divisional, continuations, continuations-in-part, reissues, renewals, extensions or additions to any such patent applications and patents; in each case in which Chiron has an ownership or other licensable interest, and all to the extent and only to the extent that Chiron has or hereafter acquires the right to grant licenses, immunities or other rights thereunder.
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Chiron Patent Rights means the patents or patent applications owned by Chiron listed in Exhibit A attached hereto, together with all patents issuing thereon, including any divisionals, continuations, continuations-in-part, reissues, reexaminations and extensions thereof, and foreign counterparts. Upon request of Licensee, in the event that Licensee demonstrates that any patent or patent application owned by Chiron Corporation as of the Effective Date, but not listed in Exhibit A, is necessary to conduct activities in the Research and Development Field with respect to Identified Products, provided that such patent or patent application is licensable by Chiron to Licensee on the terms and conditions set forth herein, Exhibit A shall be amended to include such patent or patent application. For the avoidance of doubt, Chiron Patent Rights expressly excludes patents that as of the Effective Date are owned or controlled by any Third Party or Affiliate to which Chiron may assign its rights and obligations under this agreement in accordance with Section 10.4 of this Agreement.
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Chiron Patent Rights means collectively Chiron’s right, title and interest in the following intellectual property rights: (a) the patents listed in Exhibit A and (b) any and all extensions or restorations by existing or future extension or restoration mechanisms, including without limitation, supplementary protection certificates or the equivalent thereof, substitutions, confirmations, reregistrations, reexaminations, revalidations, reissues, renewals, extensions or additions to any such foregoing patents.
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Examples of Chiron Patent Rights in a sentence

  • Chiron shall have the exclusive right to take action against any infringement of any of the Chiron Patent Rights, in its sole discretion.

  • The parties agree that there shall be a presumption that siRNA or Antisense Compounds for the treatment of HCV infection arising prior to the expiration of Chiron Patent Rights in the relevant Reference Country from Licensee’s program for research, development and commercialization of HCV genome and complementary RNA inhibitor products (a “Product in Question”) are Identified Products, and are subject to the obligations governing Identified Product provided herein.

  • In acknowledgement of Licensee’s agreement to enter into a deferred payment arrangement instead of paying a fully negotiable up-front fee for the license to the Chiron Patent Rights granted herein, Licensee agrees that Licensee’s obligation to pay milestone payments pursuant to Section 3.1.1 and royalty payments pursuant to Sections 3.1.2 and 3.1.3 shall be unconditional and irrevocable during the Term, notwithstanding any earlier expiration or invalidation of any or all of the Chiron Patent Rights.

  • Notwithstanding the foregoing, either party may seek an order from a court of competent jurisdiction to restrain the other from violating the nondisclosure provisions of Article 9, the restrictions on use of trademarks in Section 10.3, or the limitations on the use of the Chiron Patent Rights set forth in Article 2.

  • All decisions regarding enforcement of Chiron Patent Rights shall be made by Chiron in its sole discretion shall be implemented by Chiron at its sole cost and expense.

  • BioMedicines may terminate, in whole or in part, any of the licenses granted by Chiron to BioMedicines under Chiron Patent Rights with ninety (90) days’ prior written notice to Chiron.

  • Invalidity, non-enforceability or expiration of any or all of the Chiron Patent Rights shall not affect BioMedicines’ license rights in and to the remaining Chiron Patent Rights.

  • If either Party learns of an infringement by a Third Party of the Chiron Patent Rights, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.

  • Chiron shall have the first right to elect to enforce the Chiron Patent Rights against Third Parties.

  • Other than to Chiron Patent Rights, this Agreement confers no license or rights by implication, estoppel or otherwise to BioMedicines under any patent applications or patents of Chiron regardless of whether such patents are dominant or subordinate to Chiron Patent Rights.


More Definitions of Chiron Patent Rights

Chiron Patent Rights means all Patent Rights now or hereafter (a) owned by Chiron, (b) controlled by Chiron or (c) licensed in by Chiron with the right to sublicense. Chiron Patent Rights shall include, without limitation, all Downstream Patent Rights.
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Chiron Patent Rights means the patents or patent applications owned by Chiron listed in Exhibit A attached hereto and incorporated herein, together with all patents issuing thereon, including any divisionals, continuations, continuations-in-part, reissues, reexaminations and extensions thereof, and foreign counterparts.
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Related to Chiron Patent Rights

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Existing Patents has the meaning set forth in Section 10.2.1.

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Joint IP means Joint Know-How and Joint Patent Rights.

  • Valid Claims means Settlement Claims in an amount approved by the Claims Administrator or found to be valid through the claims processing and/or Dispute Resolution process.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Patent Family means all patents and patent applications that share a common priority application, excluding continuations in part, but including any divisionals, continuations, reissues, reexaminations, extensions, foreign counterparts or equivalents. For the avoidance of doubt, if any patent or patent application is subject to a terminal disclaimer with any other patent or patent application such patent or patent application and such other patent or patent application shall be deemed one (1) Patent Family for the purposes of this Agreement.

  • Product Technology means the Product Know-How and Product Patents.